Bharatiya Nyaya Sanhita: Section 187 – Person employed in mint causing coin to be of different weight or composition from that fixed by law

Whoever, being employed in any mint lawfully established in India, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Simplified Explanation

This section addresses the offense committed by a person employed in a mint (a government facility for producing coins) who deliberately alters the weight or composition of coins from what is legally prescribed.

Key Provisions

1. Offense by Mint Employees:
   • This section applies to persons employed in any mint lawfully established in India. It criminalizes the following actions:
     • Deliberately altering the weight or composition of coins issued from that mint.
     • Omitting actions they are legally bound to perform, which results in a coin differing from the weight or composition fixed by law.
2. Punishment:
   • A person who commits this offense shall be punished with:
     • Imprisonment of either description (rigorous or simple) for a term which may extend up to seven years.
     • Fine, in addition to or instead of imprisonment.

Explanation and Key Concepts

1. Mint and Coin Production:
   • A mint is a government facility responsible for the production of coins. The weight and composition of coins are strictly regulated by law to ensure monetary stability and to maintain the integrity of the currency.
2. Intention to Deceive:
   • The key factor here is the intention of the person employed at the mint. They must deliberately cause a coin to differ in weight or composition, knowing it deviates from the legal standard. This could involve actions such as tampering with the minting machinery or altering the metal content of the coins.
3. Weight and Composition of Coins:
   • The weight and composition of coins are set by legal standards, which are usually determined by the government or central monetary authority. For example, a coin may be required to contain a certain percentage of a metal like copper or silver, and it must weigh a specific amount.
4. Acts or Omissions:
   • The offense can arise not only from directly altering the coin but also from failure to act in a manner that ensures coins conform to legal specifications. For instance, an employee might neglect the necessary checks and processes that ensure coins are made to the proper standards.

Punishment for the Offense

• Imprisonment: A term of up to seven years can be imposed for this offense.
• Fine: In addition to imprisonment, the person may also be fined.

The severity of the punishment reflects the seriousness of the offense, as altering coins can undermine the currency system and damage public trust in the national currency.

Purpose and Rationale

1. Protecting the Integrity of Currency:
   • The law ensures that the production of coins is strictly monitored to prevent fraudulent or unauthorized alteration. This protects the integrity of the currency, which is crucial for the functioning of the economy.
2. Preventing Financial Loss:
   • If the weight or composition of coins is altered, it could lead to inflationary effects or loss of value. For example, if cheaper metals are used in place of valuable ones, the actual value of the coin could be lower than the value it represents, leading to economic imbalance.
3. Maintaining Public Confidence in the Currency:
   • Tampering with coins can cause a loss of public confidence in the national currency. If people suspect that coins are not genuine, it could lead to a lack of trust in the financial system and in monetary transactions.
4. Deterring Corruption or Malpractice in Minting:
   • This section aims to deter employees of the mint from engaging in any form of malpractice or corruption, such as attempting to profit from altering coins or committing fraud.

Examples of Offenses Under Section 187

1. Deliberate Alteration of Coin Weight:
   • A mint employee knowingly alters the machine settings or adjusts the materials used in the production of coins, resulting in coins that are lighter than legally required.
2. Using Substandard Materials:
   • A person employed at a mint may use a cheaper or unauthorized material in the production of coins, making them different in composition from what is mandated by law.
3. Neglecting Legal Duties:
   • A mint employee fails to follow the required processes or checks that ensure coins meet the legal weight and composition standards, and as a result, the produced coins do not conform to the law.

Conclusion

Section 187 of the Bharatiya Nyaya Sanhita 2023 is a critical provision aimed at protecting the integrity of the currency system in India. It criminalizes the actions of mint employees who intentionally or negligently alter the weight or composition of coins, ensuring that official coins adhere to the legally prescribed standards. The provision provides for severe penalties, including imprisonment and fines, to deter any actions that could undermine the monetary system or public trust in the currency.